McMahon v John Fairfax Publications Pty Limited (No 4) [2012] NSWSC 216

Supreme Court New South Wales

Medium Neutral Citation: McMahon v John Fairfax Publications Pty Limited (No 4) [2012] NSWSC 216 Hearing dates: 7-10, 13-17, 20-24, 27, 28 February 2012 Decision date: 29 February 2012 Before: McCallum J Decision: Rulings on evidence Legislation Cited: Evidence Act 1995 Legal Profession Act 2004 Taxation Administration Act 1953 (Cth). Cases Cited: National Telecoms Group Limited v John Fairfax Publications Pty Ltd (No 1) [2011] NSWSC 455 Ringrow Pty Ltd v BP Australia Limited [2003] FCA 933 Ritz Hotel Ltd v Charles of the Ritz (1987) 14 NSWLR 116 Roach v Page (No. 15) [2003] NSWSC 939 Roach v Page (No. 27) [2003] NSWSC 1046 Category: Procedural and other rulings Parties: Bryan McMahon (plaintiff) John Fairfax Publications Pty Limited (first defendant) Marcus Priest (second defendant) Rachel Nickless (third defendant) Representation: B McClintock SC, K Andronos (plaintiff) ATS Dawson, L Brown (defendants) Ardent Lawyers (plaintiff) Banki Haddock Fiora Lawyers (defendants) File Number(s): 2008/289210 Publication restriction: Not to be posted on the internet until after the conclusion of the jury trial that commenced on 8 February 2012

Judgment 1These are proceedings for defamation and injurious falsehood arising out of the publication of two articles in the Australian Financial Review . The proceedings are being tried before me with a jury. 2The plaintiff has objected to a number of documents tendered by the defendants. These are my rulings and reasons in respect of those objections.